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Court says no absolute obligation to maintain class throughout bareboats

There is no absolute obligation to maintain class under a bareboat charter, the Court of Appeal has ruled, overturning the High Court decision in Ark Shipping v Silverburn Shipping (IOM) earlier this year

‘Today’s judgment … demonstrates the Court’s reluctance to classify contractual terms as conditions where the risk of disproportionate consequences outweighs the advantages of commercial certainty,’ says Stephenson Harwood

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